Matter: civil
procedure - joinder of parties - application by
tortfeasor's/defendant's insurance company to intervene in a
running-down suit by the victim.
Matter: property -
housing development - defects & non-compliance with specifications by
developer - whether certificate of fitness (if already issued) bars
purchasers from claiming damages for defects and non-compliance with
specifications - whether High Court has jurisdiction to hear appeal
given that value of claim does not exceed $10,000 - whether court can
award damages exceeding amount claimed by plaintiff.
Matter: property -
sale - foreign buyer - consent of state authority required -
requirement not expressed in written agreement - consent in fact was
not given - whether vendor must return deposit payment made under the
agreement.
Matter: revenue - tax
exemption - compensation under seperation scheme - participation in
scheme motivated by ill-health - whether sum received covered by para
15(1)(a), Sch.6 of Income Tax Act 1967 - whether ill-health warranted
termination or retirement.
Matter: revenue -
taxable income - taxpayer derived income from (1) investments in
shares (2) loans given out & (3) deposits made - whether each of the
investment counters, each of the loans and each of the deposits may be
treated as separate sources of income.
Matter: professional
bodies - advocates & solicitors - pupillage - persons qualified to be
master: s.13(1), Legal Profession Act 1976 - whether time spent in
judicial service may be considered when counting the 7 years
requirement on "active practice" stated in s.13(1)
Matter: courts -
judges - recusal - criminal case - charge against accused signed by a
brother of the trial judge - whether there is appearance of bias.
Matter: carriage - by
air - air passenger's baggage - excess baggage charges - passengers'
baggage was re-weigh at point of final destination and passengers were
asked to pay extra excess baggage charges - in the process, passengers
suffered physical inconvenience, mental distress, agony & humiliation
- whether passengers could recover damages for pecuniary loss for
breach of contract.
Matter: civil
procedure - execution - leave of court to execute judgment after 6
years: Ord.41 R.2(1) - judgment creditor entered default judgment
against judgment debtor - 10 years later judgment creditor issued
bankruptcy notice - whether bankruptcy proceedings are execution
proceedings - whether the bankruptcy notice which was issued 6 years
after judgment without leave of court is valid.
Matter: civil
procedure - amendment - slip rule: Order 20 r.11 Rules of High Court
1980 - Bank's affidavit which was filed in support of its foreclosure
application erroneously stated the outstanding amount due and owing by
defaulter - order for sale was granted and perfected and carried out -
Bank discovered mistake and it applied to amend the outstanding sum
stated in the order based on Ord 20 r.11 slip rule - whether court is
functus officio - whether slip rule applicable.
Matter: tort -
defamation - civil procedure - interim injunction - plaintiff's
financier obtained order to sale plaintiff's property by auction -
auction was published by a proclamation of sale - defendant maintained
a computer database for reference by its customers - the proclamation
was included in the database - the database is assessible to the whole
world via the defendant's website - plaintiff sued for defamation and
applied for interim injunction - the suit was filed 40 months after
the proclamation - the plaintiff did not give an undertaking as to
damages in its application for interim injunction - whether interim
injunction is appropriate in libel suits - whether failure to give
undertaking as to damages is fatal to plaintiff's application -
whether the 40 months lapse in taking the action is fatal to
plaintiff's case.
Matter:
public administration - delegation of powers - the defendant was
created by statute as a corporation sole - the defendant applies
to court for an order to set aside an injunction order - that
application was supported by an affidavit affirmed by an officer -
whether that officer has authority to affirm the affidavit -
whether the defendant can delegate its powers to the officer.
Matter:
company - winding up - arbitration award was made against two
debtor companies - but statutory notice (under s.218 of Companies
Act 1965) was served only on one - whether petitioner is at
liberty to issue statutory notice against one judgment debtor
only.
Matter:
public servants - pension - entitlement to pension -
"resident of Malaysia" - the Government sent plaintiff
to the UK in 1983 to serve as consultant in PORIM - plaintiff went
there with his family and two children - his children had their
education there - he left the job sometime later but stayed on in
UK with the intention to return to Malaysia when his children's
education ends - Government withdrew his pension benefits on the
ground that he had lost his "resident of Malaysia
status" by reason of his longer than 6 months absence from
the country - whether plaintiff had lost his "resident of
Malaysia" status after more than 6 months absence from the
country.
Matter:
pawnbroking - pawned items - rights of pawnbrokers - police seized
pawned items for use as case exhibit in criminal proceeding -
accused found guilty and magistrate ordered return of case exhibits
to complainant (i.e. owner of pawned items) - pawnbrokers applied
to quash order - whether magistrate has discretion to determine
the issue - principles governing determination of competing rights between complainant (owner) and pawnbroker.
Matter:
contract - representation - legitimate expectation -
employment contract terminated and not renewed - whether
legitimate expectation of renewal established by reason of
oral representation by UM
Matter:
courts - contempt - application to cite judge for contempt -
representation of judge by the Attorney General - whether
doctrine of separation of powers compromised.
Matter:
administrative law - order issued by public servant - clarity
of the order - plaintiff breached the category of land use
imposed upon her land - land administrator ordered her to
remedy - whether order ambiguous and therefore invalid and
unenforceable.
Matter:
company - winding up - procedure - affidavit verifying
petition (Rule 26 of Companies (Winding-up) Rules 1972) -
affidavit affirmed on same date as petition - petition
presented on basis of written admission of indebtedness -
respondent argued non est factum - whether affidavit
proper in view of breach of Rule 26 - whether defence of non
est factum made out.
Matter:
land - third party charge - chargor sold part of land &
charged the unsold part as security for loan facility - charge
document (Form 16A) was amended -
Matter:
tort - motor accident - whether damages for loss of support
suffered by widow of deceased accident victim should be
reduced by 1/3 for contingencies, vicissitudes of life and
accelerated payment.
Matter:
crime - corruption - whether appellants who were police
officers are "officer of a public body" as defined
in s.2 of the Anti-Corruption Act 1997.
Matter:
construction - retention money - whether defendant (i.e.
employer in a building project in which plaintiff was the
appointed contractor) should be ordered to preserve retention
money it held by depositing the same in a seperate bank
account pending resolution of a LAD claim by defendant against
plaintiff in an on-going arbitration.
